17/09/2026
The ๐๐ฏ ๐๐ข๐ฏ๐ค, during its session on August 26, 2026, unanimously declared that Article II, Section 26 of the Constitution requires Congress to enact a law prohibiting political dynasties, holding that Congressโ failure to do so for 39 years constitutes grave abuse of discretion.
The Court directed Congress to comply with its mandatory constitutional duty to enact an anti-political dynasty law at the earliest opportunity, define political dynasties, and determine the scope of the prohibition.
In a Decision penned by Associate Justice Ramon Paul L. Hernando, the Court ๐๐ฏ ๐๐ข๐ฏ๐ค granted the consolidated petitions in G.R. Nos. 263934, 272370, and 279201 for certiorari and mandamus. The petitions challenged Congressโ prolonged failure to pass a law defining and prohibiting political dynasties.
The Court strongly urged Congress to heed its constitutional duty with utmost urgency, as it declared that the latter has โthe MANDATORY CONSTITUTIONAL DUTY to enact the law on the constitutional prohibition against political dynasties as expressly provided for in Article II, Section 26 of the Constitution.โ
It stated that the Congress โMUST HENCEFORTH AND WITH UTMOST URGENCY ENACT THE APPROPRIATE ANTI-POLITICAL DYNASTY LAW AT THE EARLIEST OPPORTUNITY.โ
Article II, Section 26 of the Constitution provides that โThe State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.โ
The Court held that this provision is not merely an aspiration but a constitutional command. The use of the word โshallโ makes clear that the State has a mandatory duty both to guarantee equal access to public service and to prohibit political dynasties.
The Court also held that the phrase โas may be defined by lawโ does not give Congress the choice whether to prohibit political dynasties. Rather, it gives Congress the authority to define what constitutes a political dynasty and determine the scope of the prohibition.
The Court further said that Congressโ prolonged failure to enact an anti-political dynasty law constitutes grave abuse of discretion.
The Court took judicial notice of the numerous anti-political dynasty bills filed but left unacted upon since the ratification of the 1987 Constitution. It also considered studies on the prevalence of political dynasties and their relationship with socioeconomic conditions in the country.
The Court noted that political dynasties have remained widespread and have extended even into the party-list system. Despite changes in the composition of Congress over the years, no comprehensive anti-political dynasty law has been enacted, implying either a lack of interest, avoidance for convenience, or service of self-interest.
Although the Constitution does not set a deadline for Congress to enact the law, the Court held that this does not allow Congress to postpone its constitutional duty indefinitely. The Court found that 39 years is beyond a reasonable period to carry out the constitutional command. Congressโ continued inaction therefore constitutes a continuing violation of its constitutional duty.
Read the full text of the Press Briefer at: https://sc.judiciary.gov.ph/?p=173242.
Read the full text of the Decision at: https://sc.judiciary.gov.ph/?p=173192.
Read Senior Associate Justice Marvic M.V.F. Leonenโs Concurring Opinion at: https://sc.judiciary.gov.ph/?p=173197.
Read Associate Justice Henri Jean Paul B. Inting Concurring Opinion at: https://sc.judiciary.gov.ph/?p=173209.
Read Associate Justice Rodil V. Zalamedaโs Separate Opinion at: https://sc.judiciary.gov.ph/?p=173202.
Read Associate Justice Japar B. Dimaampaoโs Separate Concurring Opinion at: https://sc.judiciary.gov.ph/?p=173214.
Read Associate Justice Maria Filomena D. Singhโs Separate Opinion at: https://sc.judiciary.gov.ph/?p=173225
Read Associate Justice Raul B. Villanuevaโs Separate Concurring Opinion at: https://sc.judiciary.gov.ph/?p=173231.
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